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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Would you be able to help my defense of law suit against me re my neighbor's property damage for my winter pipe burst?

Hi, I am a home owner in Bridgewater, NJ. My next door neighbor's insurance company filed a law suit against me for her property damage from a winter pipe burst in my house in Jan 2019. My own damage was less than $10k per my condo insurance company, which is the deductible amount.

Maurice Mandel II
Maurice Mandel II answered on Jul 7, 2020

Your own, or the HOA insurance company should be handling the defense of this case for you as it probably is a damage that is covered by insurance. Many people with a condo do not realize that they need to carry liability insurance to protect them from just this kind of incident. People assume... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 25, 2020

You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

1 Answer | Asked in Real Estate Law and Business Law for New Jersey on
Q: I’m interested in wholesaling.. If I sign an offer to purchase on a home, am I legally obligated to buying and damages?

Essentially I want to find homes, sign offers to purchase, and then sell the interest in those properties to house flippers who will make more money for a fee. Do I need a real estate license in NJ? Should I incorporate? Do I tell my current employer? Thanks for your input!

Leonard R. Boyer
Leonard R. Boyer answered on Jun 13, 2020

You really need to have an experienced business and real estate attorney set up the right corporate structure, draft the contracts and handle all legal aspects of your business. Good law firms will enable you to retain their services on an ongoing monthly retainer. Remember, a good lawyer is rarely... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hello my name is Astrit. I’ve bought a house back in 2012.

Hello my name is Astrit. I’ve bought a house back in 2012 and I’ve been paying mortgage since then. I learned that the deed isn’t in my name or the mortgage. The broker that I worked with has his name on the deed and mortgage. He keeps telling me he’s working on putting it on my name but... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 5, 2020

You apparently have not bought anything. Hire an attorney to have a Resulting Trust declared and the Court order the conveyance. But that has nothing to do with the mortgage which you take subject to. Additionally if the seller is an actual licensed broker, and committed fraud, then file a... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My bankruptcy was closed/completed in Jan 2019 but the mortgager still hasn’t foreclosed on the property.

I continue to get statements showing I owe more than $50k to bring the mortgage to date, that the bank assigned a flood policy and hazard policy to the mortgage, resulting in exorbitant fees, and that my property taxes are many quarters overdue. The house was badly damaged in a hurricane (Sandy)... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 17, 2020

First of all, if you were represent by a bankruptcy attorney, you should contact the attorney. Second, there is a big difference between whether a bankruptcy was closed or discharged. If you got a discharge, then that is the end of your financial liability. Third, a property manger is someone who... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: A new property management company took over and they want me to sign a lease renewal by the end of this month.

Also want to raise the rent. My original lease is for November 1st and I've been here for almost 3 years so I'm doing month to month. So they want to change it to a year lease again starting June 1st.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 14, 2020

Rental laws vary by township, bring your lease to an attorney to see what your rights are. Some towns allow rent to be raised as much as they want other towns have caps called rent control.

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1 Answer | Asked in Consumer Law, Copyright and Real Estate Law for New Jersey on
Q: We took over a restaurant in boardwalk by jersey shore, other restaurants has same name

In a brief I took over a pizzeria and restaurant in jersey shore boardwalk, the pizzeria name are also named to about other 4 restaurant in the same boardwalk but with different way, like one is named original....., other name restaurant and pizzeria, other named (...... 4)., mine is name (....... Read more »

Evelyn Suero
Evelyn Suero answered on May 13, 2020

Generally speaking, a business does not have to register a trademark in order to have trademark rights. There are common law trademark rights that are acquired by use of the mark. Using a trademark that is confusingly similar may be deemed infringement. However, if your mark was in use before the... Read more »

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Im an 18 years old female, can I claim my part in my fathers property? And what good would that do?

My father is trying to kick me out of the house because he wants to divorce my mom and bring in another woman. I want to stop him from potentially letting that woman take all of the property before hand.

Richard Diamond
Richard Diamond answered on Apr 23, 2020

The short answer is you have no equity rights in your parents home. The longer answer is that this is a fight between your mother and your father over assets, support, etc as part of their divorce. Your father has NO right to kick your mother out of her home and she needs to meet with a divorce... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My previous lease had a 60-day moveout provision. Am I obligated to sign a new 1-year lease without this provision?

My existing lease had a provision where I could move out with 60 days notice. The lease expired 6 months ago with no comment and I have continued living in the house and paying my rent on time. Now my landlord is asking me to sign a new 1-year lease with no provision for moving out with 60 days... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 22, 2020

You can continue to live in the apartment month-to-month, however, the landlord may eventually move for eviction for your failure to sign a new lease. Or you can negotiate with your landlord for that provision.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How many day’s does a month to month tenant have before they have to move out? I have no written lease only verbal.

And with the pandemic going on what does the law say about that?

Derek John Soltis
Derek John Soltis answered on Apr 16, 2020

Month to month is just that. When you give notice a month in advance, you move out at the end of the time when you said you were going to move.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: what's NJ's initial tax authorization notice? I didn't as for escrow account for property tax or proper insurance.

what's NJ's initial tax authorization notice? I didn't ask for escrow account for property tax or proper insurance.

Leonard R. Boyer
Leonard R. Boyer answered on Apr 12, 2020

Use of initial tax authorization notice (a) An Initial Tax Authorization Notice (ME-1) shall be used by all mortgagees, servicing organizations, or property tax processing organizations establishing or maintaining mortgage escrow accounts as the initial authorization by a mortgagor to the tax. You... Read more »

4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I be forced out of my apartment now? I received a letter of termination by April 30 on my month to month lease.

There is non reason in the termination letter except than “pursuant to 2A 18-56”.

Ivan Raevski
Ivan Raevski answered on Mar 19, 2020

at this point all evictions are suspended by order of Gov Murphy. It remains to be seen what happens in the future as the coronavirus pandemic unfolds

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Does a subpoena need to be refiled if there's a clerical error?

I was served a subpoena to give testimony at a deposition. I am a NJ resident but the subpoena was filed in Florida (United States District Court for Southern District of Florida). It's in regard to a timeshare exit company we used. The address of the meeting place for the deposition is... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 14, 2020

No, it does not, that is called a scrivener's error. The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise. So it is valid as is.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi can i cross a written annotation on a deed in front of the clerk and have it recorded with the changes?

we are 2 non married people listed a deed for a condominium purchased in Hudson County, NJ in 2003.

At the signature the lawyer added after the names "as joint tenancy with rights of survivorship" We would like to remove this annotation to keep the property listed on the deed as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 12, 2020

The better practice would be to have a new deed prepared with you both named as grantors (sellers) and grantees (buyer) using your desired name or relationship. You must also have a deed recording sheet, and a

completed GIT/REP3 form attached. The necessary forms may be obtained on line...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: My father sold a lot in NJ in 2004. He died in 2008. In 2016 the buyer found the lot was contaminated. They buyer is su

suing the estate saying liability carries over to the estate. The property was never in the estate as it was sold prior to his death. Can they sue for clean up? I understood the liability for my father stopped when he died. The buyer never did due diligence when buying the lot and cannot claim as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 5, 2020

You will need to have a real estate attorney review the 2004 sale documents and the documentation regarding the alleged contamination to provide an opinion as to whether the buyer has a claim or not. The real estate attorney can then assist your probate attorney with either paying or negotiating... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My boyfriend and I both have our names on the notice of settlement, but only my boyfriend name is showing on the deed?

In New Jersey.

Ivan Raevski
Ivan Raevski answered on Mar 4, 2020

If your name is not on the deed you would not be considered a part owner of the property unless you are married.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My house has been foreclosed and my husband is not on the mortgage but he is listed on the deed.

He is trying to get another mortgage in nj and I was wondering since it’s not hitting his credit will being on the deed effect him? And if so is there anything he can do like quitclaim after the fact? Any suggestions thank you

Leonard R. Boyer
Leonard R. Boyer answered on Feb 28, 2020

When a foreclosure complaint is filed, any one who either owns a property, or who has a potential equitable interest in the property, will be listed on the foreclosure complaint. A quitclaim deed is not worth the paper it is printed on and will not change anything. What is on his credit report is... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I own a house with my sister and im just finding out that she re mortgaged and I DIDN'T SIGHN ANY PAPER WORK

So im wondering if two parties own a house can one re-mortgage without the other consent and signature?

AND if so shouldn't the mortgage company spotted this

Vincent Gallo
Vincent Gallo answered on Feb 23, 2020

From what you stated, someone forged your signature.

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